In its lawsuit against Boulder County, the State of Colorado claimed that the county’s moratorium on accepting oil and gas applications violated state law. In ruling on the county’s motion, the Boulder District Court's order did not call for the repeal of the county’s temporary moratorium (a moratorium that is scheduled to end in three business days - on May 1), but instead gave the county 14 days to respond to summary judgment motions previously filed by the state and the oil and gas industry.

Although the county commissioners announced at a public meeting on April 25 that they did not intend to extend the moratorium beyond May 1, because of the 2016 decisions by the Colorado Supreme Court prohibiting local bans or lengthy moratoria on fracking, the court determined that it was “beyond the court’s authority to speculate as to what may occur on May 1, 2017.”

Although the court did not issue a formal declaration regarding the legality of the county’s moratorium, it did not mince words in reaching its conclusion, stating that “Boulder County currently imposes a moratorium that does not comply with Fort Collins,” a Colorado Supreme Court case that overturned a five-year moratorium.

“The court order shows that the county commissioners had no other course of action to take when they announced this week that they would not extend the moratorium,” said David Hughes, Deputy County Attorney. “As we’ve seen from prior cases, it is always an uphill battle when local governments are fighting against the oil and gas industry. The commissioners have done all they can as allowed by law on the moratorium front.”

The court’s decision comes in the wake of a deadly explosion last week that killed two Firestone residents in a home located approximately 200 feet from a well operated by Anadarko Petroleum Corporation. Anadarko has shut down all similar wells pending further inspection.

As a result of this tragedy - the latest local example of the potential dangers of drilling for oil and gas near residential neighborhoods - the county commissioners have issued the following statement:

Statement from the Board of County Commissioners

The tragic home explosion in Firestone last week is just another illustration of how important it is that we continue to work to protect the health and safety of residents on all fronts available to us, even if the moratorium option is not an available tool from a legal standpoint.

Colorado counties and cities have their hands tied by the state in prohibiting the highly industrial use of oil and gas development near residential areas. We are given too limited a regulatory role as compared to other similar uses, which is why it is so important for the county and our residents to continue to push the state for adequate local authority.

It is also important that Boulder County continue its robust monitoring program, participating in public health studies, helping homeowners and businesses reduce their reliance on fossil fuels, and working with other communities statewide.

In response to the explosion in Firestone, we call on all oil and gas operators in Boulder County to shut down their vertical wells, just as Anadarko has, until they can assure our residents that these wells do not pose similar safety risks in Boulder County.

We are all in this together, sharing the common goal of working towards what’s best for Boulder County. As your Board of County Commissioners, we pledge to continue to do all that we can to protect this county and its residents from the impacts of oil and gas development and to forge ahead with a cleaner energy future for us all.